On March 9, state Rep. Steve Toth, a Republican from Montgomery County, introduced House Bill 4378, a measure that would make financial rewards possible for people who report drag shows that allow minors to attend. It’s necessary to note that all-ages drag shows are not currently illegal in Texas, although another bill filed recently, HB 1266, does seek to ban them.
This proposed legislation is similar to Senate Bill 8 from 2021, the so-called “Abortion Bounty” bill, which makes room for individuals to file a civil suit for up to $10,000 against anyone they say aids and abets an abortion procedure. Another more recent, conservative-led effort in Texas proposes a $10,000 lawsuit against librarians who keep books containing LGBTQ stories and themes on the shelves.
According to Toth’s HB 4378, a claimant can bring action against a “person who knowingly promotes, conducts, or participates as a performer in the drag performance that occurs before an audience that includes the minor.” Should the claimant prevail, they are eligible to receive an award for “actual damages, including damages for psychological, emotional, economic, and physical harm; reasonable attorney’s fees and costs incurred in bringing the action; and statutory damages of $5,000.”
Under this bill, it would not be acceptable for adults to bring their minor children to a daytime drag performance at a restaurant that operates as an all-ages establishment. “It is not a defense to an action brought under this chapter that the minor was accompanied at the drag performance by the minor’s parent or guardian,” the bill reads.
Trey Stewart, owner of Mr. Misster on Cedar Springs Road, is a veteran of the modern battle over drag shows. Last year, as Pride Month began in June, Mr. Misster was the site of a widely reported-on protest when the bar hosted an all-ages drag brunch. According to The Dallas Morning News, Stewart and his staff had received death threats in the weeks leading up to the event. To him, HB 4378 only serves to further fuel the threat that already exists.
“When you put something like this on the table, you’re also putting such a scary target on a community that’s already had a target on it for a long time,” Stewart told the Observer.
“When you empower people that are already putting our people in a vulnerable, dangerous situation to be police and to become bounty hunters,” Stewart says. “I think you’re setting the LGBT community up for failure; well, you’re setting everyone up for failure.”
All-ages drag performances come in various forms in addition to drag brunches in non-nightclub venues, and they have grown more popular in the past several years. Stewart says the backlash against events like these is likely attached to the fact that gay marriage has been legal for a few years now, another major concern that was fought out through the courts and in legislative sessions for years beforehand.
We reached out to Rep. Toth and were asked to submit our questions via email. Toth did not reply to the questions we submitted. Stewart sees a disconnect between what he says is really happening at an all-ages drag performance and what lawmakers and protestors who are opposed to them think is happening during one.“You have so many people that are misinformed and have no idea what is really happening.” – Trey Stewart, owner of Mr. Misster
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“You have so many people that are misinformed and have no idea what is really happening,” he says. “When I think about drag story time or drag bingo, there’s nothing more provocative at an event like those than what goes on at an Ariana Grande concert. The outfits aren't any more scandalous, the signs aren't any more provocative. It’s the same. Look at children’s cheer and pageants. Those need to be more heavily scrutinized, but they’re not since they’re not tied to the LGBT community.”
More than a dozen bills filed for this session are aimed toward the LGBTQ community. Prospective laws regarding the content of library books and school lesson plans and a bill that would give property tax relief to straight married couples with kids are being rolled out. Last week, following the announcement that the Texas Comptroller’s Office was investigating a North Texas bar after it hosted a drag brunch, Rep. Venton Jones, a gay Dallas Democrat, expressed his displeasure with his colleagues.
Jones told the Observer, “As a state legislator and member of the LGBTQ community, it makes me sad that tactics like this are being used in retaliation against venues hosting drag shows," he said. “We must not continue this war against LGBTQ people and their families, pitting Texans against other Texans right now.”
Stewart says that drag shows are all about creative expression, not grooming children to “be gay or to convert them to a different gender.” He says the debate involving all-ages drag performances serves a different purpose than what the conservative lawmakers filing the bills would have us believe.
“It’s a distraction. It’s a distraction from passing laws that need to be passed,” he says. “If we’re really looking at ways to keep children safe there are many other ways we should be focusing our resources on. Let’s keep them safe in schools and safe from guns. Drag queens have never been the issue. If they [conservative lawmakers] get people riled up over things like this, they don't have to address the real issues.”
